Views sought on private fostering proposals two decades after States decided child protection law needed updating
- Health & Social Care is seeking views on proposals to update private fostering laws in Guernsey and Alderney
- Private fostering involves children living with people who are not close family members or approved foster carers, such as family friends or term-time host families
- Current legislation dates from 1972 and the States agreed in 2004 that it should be updated to reflect modern childcare practice
- Proposed changes include clearer safeguards, enhanced checks on carers, regular visits, and powers to remove children from unsuitable arrangements
- The consultation closes at midnight on Monday 17th August 2026, with responses accepted by email or post
Health & Social Care is inviting islanders across the Bailiwick to share their views on proposals to update laws that support private fostering arrangements for children in Guernsey and Alderney.
The aim is to modernise the current system so that children living away from their immediate families receive the right protection, support and oversight.
Private fostering is currently regulated under Part II of The Child Protection (Guernsey) Law, 1972. In 2004, the States agreed that this legislation should be updated to reflect modern childcare practice.
It is now intended that new legislation will be drafted under Section 107 of The Children (Guernsey and Alderney) Law, 2008, allowing the committeee to introduce an Ordinance specifically focused on private fostering.
Private fostering is a private family arrangement where a parent, or someone with parental responsibility, arranges for a child to live with someone who is not a close family member, such as an aunt, uncle, grandparent or sibling, or a foster carer approved by the Committee for Health & Social Care.
Examples of private fostering include a parent becoming unwell and asking a neighbour to care for their child, parents moving away for work but choosing to leave their child with a family friend to avoid disrupting schooling, and children from Alderney, Herm or Sark living with host families in Guernsey during term time for education.
Under current law, an arrangement only becomes private fostering after a child has been cared for in this way for more than three months in total, across at least three separate periods within a year.
Because privately fostered children live outside their immediate family, they may be more vulnerable. The law therefore requires notification of arrangements, record-keeping, checks on carers and accommodation, and the ability to end arrangements that do not meet required standards.
The proposed changes would ensure that children continue to be recognised as privately fostered until they leave compulsory education, or turn 18 if they remain in the same arrangement, or turn 18 if they are disabled, or turn 18 if placed under the Term Time Hosting Scheme from smaller islands.
The new Ordinance is expected to introduce clearer, stronger safeguards, including a clear definition of private fostering and the responsibilities of parents, carers and the Committee.
Enhanced protection through checks on carers and regular visits would be introduced, along with powers to enter and inspect premises. A requirement for social care professionals to have direct contact with privately fostered children would be established.
Powers to remove children from unsuitable accommodation would be included, as well as the ability to disqualify or prohibit unsuitable people from caring for children. Duties for anyone involved in private fostering arrangements would be established, and criminal offences would be created for failing to meet legal duties.
More information on the proposals, including FAQs and further reading documents, is available at gov.gg/privatefosteringconsultation.
Those wishing to comment on the proposals should email [email protected] by midnight on Monday 17th August 2026.
Those wishing to comment anonymously can send their comments to Private Fostering consultation, Strategy and Policy, Level 6, Sir Charles Frossard House, St Peter Port, Guernsey, GY1 1FH.
Q&A
Q: What is private fostering?
A: Private fostering is a private family arrangement where a parent, or someone with parental responsibility, arranges for a child to live with someone who is not a close family member (such as an aunt, uncle, grandparent or sibling) or a foster carer approved by the Committee for Health & Social Care.
Q: When does an arrangement become private fostering under current law?
A: Under current law, an arrangement only becomes private fostering after a child has been cared for in this way for more than three months in total, across at least three separate periods within a year.
Q: How can islanders respond to the consultation?
A: Islanders can email their views to [email protected] by midnight on Monday 17th August 2026, or send anonymous comments by post to Private Fostering consultation, Strategy and Policy, Level 6, Sir Charles Frossard House, St Peter Port, Guernsey, GY1 1FH.
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